A DUI conviction can feel like a permanent stain on your record, affecting everything from job opportunities to car insurance rates. If you’ve been convicted of a DUI in Florida, you may be wondering: Can I expunge this from my record and get a fresh start?
The answer isn’t always straightforward, but at Carlson Meissner Hayslett, we have attorneys with years of experience helping individuals with criminal histories get their records sealed or expunged. If you have a pending DUI, we will fight to get your DUI charge reduced, which will not only result in fewer consequences, but help to get your record sealed or expunged. In this blog post, we’ll break down everything you need to know about expunging a DUI or related charges in Florida.
What Is Expungement and Why Does It Matter?
Expungement is the legal process of removing a criminal charge or conviction from your record. In Florida, this means the record is sealed from public view, making it invisible to potential employers, landlords, and most other entities conducting background checks.
For those with a criminal record, expungement can help improve employment opportunities because many employers run background checks and a criminal conviction could prevent you from landing your dream job.
Additionally, a DUI conviction often results in higher car insurance rates, so getting your DUI reduced or dismissed will help lower your rates. Finally, knowing that your past mistake isn’t holding you back can be a significant relief and restore your peace of mind.
However, not all cases are eligible for expungement. The nature of your charge and the outcome of your case is key to determining whether or not you qualify. That is why it is crucial to speak with an experienced attorney before you resolve any pending criminal charges.
Can a DUI Be Expunged in Florida?
The short answer is that unfortunately, a conviction for DUI cannot be expunged in Florida. However, there are exceptions depending on how your case is resolved.
If the state dropped the charges or your case was dismissed, you can petition to have the record expunged. Additionally, if your DUI charge was reduced to reckless driving and the court withheld adjudication, you may qualify to have the record sealed and then expunged.
In order to qualify for getting your record sealed or expunged, you must not have any prior convictions.
How Can We Help You Get a DUI Reduced to Reckless Driving?
At Carlson Meissner Hayslett, we use aggressive legal strategies to fight for reduced charges. We review every DUI case for possible legal issues that could result in a dismissal of the charges. Also, if your case has mitigating circumstances, we can negotiate with the prosecution to help get your DUI reduced to reckless driving.
In order to ever seal or expunge your record, the charges must either be dropped or the court must withhold adjudication. This is why it is crucial to get your DUI reduced or dismissed because the court is not allowed to withhold adjudication in a DUI case.
If adjudication is withheld for reckless driving and you have no prior convictions, you can petition to have the record expunged. Additionally, a reduction to reckless driving removes the stigma of a DUI conviction, opening the door to better opportunities.
We’ve successfully achieved these results for countless clients, helping them leave their past mistakes behind.
The Expungement Process: A Step-by-Step Guide
If you qualify for expungement or record sealing, here’s how the process works:
- Eligibility Evaluation: We will review your case to determine if you qualify for expungement or record sealing.
- File an Application with FDLE: The Florida Department of Law Enforcement (FDLE) will review your application and issue a certificate of eligibility if you meet the criteria.
- Petition the Court: Once you receive the certificate, we’ll file a petition with the court, along with affidavits and other required documentation.
- Court Review and Ruling: The court will review the petition and decide whether to grant the expungement or sealing.
- Record Sealed or Expunged: If approved, your record will no longer appear in most public background checks.
Why Choose Carlson Meissner Hayslett for Your DUI or Reckless Driving Case?
With over 50 years of experience, Carlson Meissner Hayslett has been a trusted name in DUI and criminal defense across Tampa Bay, including Clearwater, New Port Richey, St. Pete, and Tampa. Our experienced attorneys understand the intricacies of Florida’s expungement laws and will work tirelessly to give you the best chance at a clean slate.
Here’s what sets us apart:
- Proven Track Record: We’ve helped thousands of clients successfully expunge or seal their criminal records.
- Personalized Service: Every case is unique, and we tailor our approach to your specific circumstances.
- Local Expertise: With offices across Tampa Bay, we understand the nuances of local courts and can advocate effectively on your behalf.
Frequently Asked Questions About DUI and Reckless Driving Expungement
- Can I expunge a DUI arrest if I wasn’t convicted? If your case was dismissed or the charges were dropped, you may qualify for expungement.
- What happens if my DUI is reduced to reckless driving? If adjudication is withheld and you have no prior convictions, you may petition to have your record sealed. After ten years, you can petition to have the record expunged.
- How does reckless driving differ from a DUI? Reckless driving carries less stigma, fewer penalties, and may allow for eventual expungement if adjudication is withheld.
- What’s the timeline for expungement in Florida? The process typically takes 6 to 12 months, depending on the complexity of your case.
- Why do I need a lawyer for expungement? Hiring an experienced attorney ensures that your petition is correctly filed, maximizing your chances of success.
Take the First Step Toward a Clean Slate
Your past shouldn’t define your future. Whether you’re facing a DUI charge or looking to expunge a reckless driving record, the attorneys at Carlson Meissner Hayslett are here to help. With a legacy of excellence spanning over 50 years, we’ve guided countless clients in Tampa, Clearwater, New Port Richey, and St. Pete toward brighter futures.
At Carlson Meissner Hayslett, we believe everyone deserves a second chance. If you want to explore having your record sealed or expunged, or if you need help fighting a DUI charge, don’t wait—reach out to us today and let us help you take control of your future.
